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Case T-13/09: Judgment of the General Court of 17 December 2010 — Storck v OHIM (Shape of a chocolate mouse) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a chocolate mouse — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) — Rights of the defence)

ECLI:EU:UNKNOWN:62009TA0013

62009TA0013

December 17, 2010
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12.2.2011

Official Journal of the European Union

C 46/11

(Case T-13/09)(<span class="super">1</span>)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate mouse - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Rights of the defence)

2011/C 46/19

Language of the case: German

Parties

Applicant: August Storck KG (Berlin, Germany) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially G. Schneider, then G. Schneider and R. Manea, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 November 2008 (Case R 185/2006-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate mouse.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.

(<span class="super">1</span>) OJ C 69, 21.3.2009.

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